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Art. 1 Identification of the seller

Art. 2 Definitions

Art. 3 Subject of the contract

Art. 4 Materialization of the contract

Art. 5 Methods of purchase

Art. 6 Methods of payment and refund

Art. 7 Delivery times and methods

Art. 8 Prices

Art. 9 Description of the products

Art. 10 Availability of products

Art. 11 Limitation of liability

Art. 12 Warranties and methods of assistance

Art. 13 Obligations of the purchaser

Art. 14 Right of withdrawal

Art. 15 Causes of resolutions

Art. 16 Protection of personal data

Art. 17 Communications and complaints

Art. 18 Applicable law, jurisdiction and competent court

Art. 19 Final clause

We invite you to carefully read these General Conditions of Sale before proceeding with any purchase. By making any purchase, you fully accept these General Conditions of Sale.

Art. 1 Identification of the Seller

The goods covered by these general conditions are offered for sale by the company Il Quadrifoglio di Mollo Maria Teresa, located in Via Piana del Salto, 66, Calosso 14052 (AT) - Italy

Registered in the Chamber of Commerce, Industry, Crafts and Agriculture of Alessandria-Asti, REA number: AT - 74073, with VAT number 01026430056 and C.F. MLLMTR65A63B111I

Tel +39 0141853603 - email: info@il-quadrifogliostore.it. Hereinafter referred to as "Seller".

Art. 2 Definitions

"Online sales contract" means these General Conditions of Sale or the sales contract for the Seller's Products, stipulated between them and the Buyer (User) in the context of a remote sales system via telematic tools, organized by the Seller.

"User" is whoever walks through the sections and pages of the Site, in the form of free navigation;

"Customer" is the User who, following the completion of the registration procedure and the creation of the personal account, proceeds with the purchase, or, as the case may be, the Professional or Consumer, as defined below, to whom these Terms of sale are addressed;

"Consumer Code": the Legislative Decree 6 September 2005, n. 206, and subsequent amendments or additions;

"Consumer": the natural person, buyer, who makes a purchase for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out, pursuant to Article 3, paragraph 1, letter a), of the Consumer Code;

"Professional": the natural or legal person, buyer, who makes a purchase in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary, pursuant to Article 3, paragraph 1, letter c), of Consumer Code.

Art. 3 Subject of the contract

These General Conditions of Sale (hereinafter, "Conditions of sale") govern the sale of the Products offered through the website https://wine.il-quadrifogliostore.it (hereinafter "Site" for brevity).

With this contract, respectively, the Seller sells and the User purchases remotely, through telematic tools, the tangible movable assets indicated and offered for sale on the website https://wine.il-quadrifogliostore.it/it/.

Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 et seq.) Of Legislative Decree 6 September 2005, n. 206 (Consumer Code) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.

Art. 4 Materialization of the contract

The contract between the Seller and the User is concluded exclusively through the internet, through access by the User at https://wine.il-quadrifogliostore.it/it/, where, following the procedures indicated, the User will come to formalize the proposal for the purchase of the goods referred to in the previous article.

These Conditions of Sale apply to all contracts concluded with Il Quadrifoglio; agreements on a different base require written confirmation by Il Quadrifoglio. In any case, Il Quadrifoglio's response to a communication from the User, that includes the Conditions of sale applied by the User himself, cannot be considered written confirmation of any changes to these conditions of sale.

With the placing of an order by the User and the consequent acceptance of it by the Seller, these Conditions of Sale are taken for granted and fully accepted by the Customer. As a result of each contract stipulated through the Site, Il Quadrifoglio sells and the Customer purchases the Products, with all the specific technical characteristics indicated on the Site. The Products presented on the Site represent only an invitation to the placement of orders by the Customer, pursuant to and for the purposes of Article 1336 of the Italian Civil Code, therefore, they do not constitute an offer nor a proposal binding for Il Quadrifoglio, which will take every decision regarding the acceptance of orders made by the Customer.

By completing an order, the Customer submits a binding offer for the Order of the relevant Product. Any agreement reached between Il Quadrifoglio and the Customer for the execution of the contract must be in writing. Unless otherwise specified, these Conditions of Sale apply to all Products offered on the Site, where compatible. The Customer undertakes to communicate and keep his personal data updated, correct and truthful, since they are necessary for the shipment of the Products and, in general, for the execution of the obligations regulated by this Agreement, including his correct and truthful E-mail address in order to allow Il Quadrifoglio to send the receipt of the Order, containing a summary of the information relating to the essential characteristics of the Products purchased.

Il Quadrifoglio reserves the right to disable the User's password and personal account, or to discontinue the utilization of the service; by way of example, this right may be exercised in the event that: the User violates the Agreement, or acts in a manner that is incompatible or contrary to the laws, contractual commitments and these Conditions of Sale. If the User proceeds with orders that are abnormal in relation to the quantity and / or frequency of purchases, in this case the Seller reserves the right to take all necessary actions to stop the irregularities. In particular, Il Quadrifoglio reserves the right, unquestionable and at any time, to interrupt or suspend the use of the service, even without notice. The User is aware that any suspension or interruption of his access to the service, pursuant to the provisions of these Conditions of Sale, may also take place without notice, and that Il Quadrifoglio may immediately deactivate or cancel the personal account and all related information and files in your personal account and / or deny any further access to such files or the service. Furthermore, the User accepts that Il Quadrifoglio cannot be held responsible in any way for the interruption of access to the service.

Art. 5 Methods of purchase

The purchase on the site can only take place after the registration on the site, which will be requested before proceeding with the purchase of the products, through the area called "cart".

The User can browse freely within the various sections and pages of the Site, and proceed with an initial price evaluation, without the need to register or authenticate: in particular, for the calculation of an estimate from scratch (published anonymously on the Site) it is necessary and sufficient for the User to choose the products by adding them to the cart in the desired quantities by choosing the "continue shopping" option. When you have chosen the desired products, you can choose the "Proceed to Payment" option to begin the purchase procedure which will require prior registration.

During the purchase phase, Users will be asked to specify whether they will make purchases as a Professional / Company or as a Private Person, also specifying their nationality and date of birth (to allow the Seller to verify the age of majority for the purchase of alcoholic products). Only the purchases of Products made by private Users (Consumers) will be subject to the regulations applicable to consumers, pursuant to the provisions of Legislative Decree 6.9.2005 n. 206 (hereinafter, "Consumer Code"), and subsequent additions and amendments. After registering and authenticating, the User, through their personal account, will be able to proceed with the purchase of Products with the previously defined characteristics.

On the Site, through the "shopping cart" section, it is possible to follow a guided procedure, which, at any time, allows the Customer to verify and validate any information entered and to correct any errors before forwarding to the Seller the electronic form containing the Order and, therefore, until the conclusion of the Contract pursuant to Legislative Decree 70/2003. During the guided procedure it is always possible to check the accuracy of the data entered thanks to a summary of the Order with total costs and expenses for the selected Products, which will also be re-proposed at the end of the procedure, before sending the Order.

The Customer can find all the information relating to the Order in the "Your Account" area, in the "Order History and Details" section, and will receive an e-mail summarizing the purchase made and the Contract thus concluded at the address of e-mail that the Customer has indicated when registering on the Site. The process of concluding the Contract requires confirmation of the correctness of all the data entered and automatically reports any error resulting from the omission of mandatory data in the various fields of the electronic Order form. Once the quote has been confirmed and the payment is completed, the Customer will be asked to complete the Order and to proceed with the placing of it.

When the Seller receives the order from the Buyer, he sends a confirmation e-mail with the summary of the order placed, printable, (to the e-mail address that the Customer indicated during the registration phase to the Site), which also contains the data referred to in the previous point. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.

Art. 6 Methods of payment and refund

Any payment by the Buyer can only be made by means of one of the methods indicated on the appropriate "payment methods" page. Any refund to the Buyer will be credited through one of the methods proposed by the Seller and chosen by the Buyer, in a timely way and, in the event of exercising the right of withdrawal, where provided, as governed by Art. 14 of this contract, not later than 30 days from the date on which the Seller became aware of the withdrawal.

All communications relating to payments occur on a special line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.

Art. 7 Delivery times and methods

The Seller will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the email referred to in Art. 5.

Deliveries are made during normal working hours to the address indicated by the User and according to the methods specified in the order summary, the shipping methods and times are clearly indicated and well highlighted on the "Delivery Times and Shipping Costs" page present on the site. Upon delivery, the User is required to check the content by promptly informing the Seller of any anomalies.

In case of failure to collect within the deadline set by the carrier, the products will be returned to the Seller, in which case the price of the products will be refunded but not the shipping cost. The Seller cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the User, for any damage that may have occurred to the Products after delivery to the carrier, where the latter has been chosen and appointed by the User or for delays in delivery attributable to the latter.

Shipping costs are from time to time indicated in the order summary before confirming the payment and sending it. The estimated times for sending and delivering the products are purely indicative and it is not possible to fully rely on them. We inform International Users that cross-border deliveries may be subject to opening and inspection of products by customs authorities.

Art. 8 Prices

All sales prices of the products displayed and indicated on the Site are expressed in Euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code. The sale prices, referred to in the previous point, include VAT and any other tax that the Seller may foresee in advance.

Shipping costs and any additional charges (for example: customs clearance), if present, are not included in the purchase price, in fact, when the goods ordered on the Site were to be delivered outside Italy they could be subject to duties and import taxes, payable once the package reaches the specified destination. Any additional cost of customs clearance will be borne by the Buyer. Il Quadrifoglio, although it strives to accurately indicate all costs on the "Delivery Times and Shipping Costs" page, however, does not have full control of these costs and cannot accurately predict the amount. Please note that customs policies vary from country to country, therefore we invite the Purchaser User to contact the local customs office for further information.

When placing an order on the Site, the User is required to comply with the legislation and regulations of the country in which he will receive the goods. For more information, we invite the User to carefully read the information contained on the "Delivery Times and Shipping Costs" page.

Art. 9 Description of the Products

The essential characteristics of the Products are indicated in each sheet corresponding to the product viewed by the User, accompanied by illustrative photographic images, which the Customer can view before proceeding with the purchase. Il Quadrifoglio reserves the right to modify and / or adapt the information and technical characteristics of the Products, even without prior notice. It should be noted that the images contained on the Site are provided for illustrative and informative purposes only, and may, therefore, differ from the appearance of the Product delivered.

Within these pages of the Site, as preliminary data with respect to the purchase procedure, it is shown the availability and the final price of the Products, the duration of the validity of any offers and prices (even in the case of promotional, special and / or any discounts applied).

The presentation of the Products on the Site, which is not binding for Il Quadrifoglio, represents a mere invitation to the Customer to formulate a contractual purchase proposal and not an offer to the public. The purchase order sent by the Customer to Il Quadrifoglio through the Site has the value of a contractual proposal and is governed by these Conditions of Sale, which form an integral part of the order itself and that the Customer, by transmitting the order to Il Quadrifoglio, is required to accept in full and without any reservation. Before proceeding with the purchase of the Products by sending the purchase order, the Customer will therefore be required to carefully read these Conditions of Sale and accept them.

Art. 10 Availability of products

The Products offered on the Site are limited in number, therefore if an Order exceeds the quantity existing in the warehouse (also due to Users purchasing the same product at the same time), the Products may no longer be available following the order. In this case, the Seller will notify the Buyer by e-mail that the product is currently not available. In this case, the Buyer may decide:

- to accept a delay in the delivery terms, if a restocking of the warehouse is possible.

- to choose a replacement product according to the indications of the Seller, of equivalent or greater value, upon payment of the difference.

- to terminate the contract, in this case a full refund will be made by the Seller within a maximum term of 15 days, according to the methods indicated on the "payment methods" page.

Art. 11 Limitation of Liability

The Seller assumes no responsibility for inefficiencies attributable to force majeure, in the event that it fails to execute the order within the time stipulated in the contract. The Seller cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet outside of its own control or of its sub-suppliers.

Furthermore, the Seller will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him, since the Buyer is only entitled to a full refund of the price paid and any additional charges incurred.

The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence. The Seller assumes no responsibility in the case of purchases of alcoholic products, through this site, by minors, if the Buyer has expressly and falsely declared that he is 18 and therefore of age.

Art. 12 Warranties and methods of assistance

The User who purchases as a consumer has the right of warranty for the conformity of the products purchased, pursuant to Articles 128 - 135 of the Consumer Code, within the limits of 24 months from purchase (proof of the purchase receipt) provided that communication is given, under penalty of forfeiture of the warranty, within 2 months of their discovery.

In any case, unless proven otherwise, it is assumed that the lack of conformity that occurs within six months since the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods (for example in the case of not durable goods such as foodstuffs) or with the nature of the lack of conformity. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods.

The Buyer still has the right to request from the Seller an appropriate price reduction or termination of the contract if: repair and replacement are impossible or excessively onerous for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code; the Seller has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days; the replacement or repair previously carried out has caused significant inconvenience to the Buyer. The User is still required to return the defective products.

The request must be sent in writing, by registered letter with return receipt or by certified e-mail to the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven working days from receipt. In the same communication, where the Supplier has accepted the Buyer's request, he must indicate the method of shipping or returning the goods as well as the deadline for the return or replacement of the defective goods.

For the purposes of this contract it is assumed that consumer goods comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, by the manufacturer or its agent or representative, in particular in advertising or on labeling; d) they are also suitable for the particular use desired by the Consumer and that it has been brought to the attention of the seller at the time of the conclusion of the contract and that the seller has also accepted for conclusive facts.

This warranty applies exclusively to Consumers. If the Purchaser purchased as a "professional" (therefore purchases made with an invoice and VAT number by professionals and companies) the above article does not apply, vice versa will be applied the legal guarantee provided for by art. 1490 of the Italian Civil Code.

Art. 13 Obligations of the Buyer

The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in the contract. Once the online purchase procedure has been completed, the Buyer undertakes to print and keep this contract. The information contained in this contract has, however, already been viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirming the purchase.

With regard to the purchase of products through this site, the User declares under his own responsibility:

- to be of age

- that the goods are intended for personal consumption only and not for resale.

Art. 14 Right of withdrawal

The right of withdrawal is excluded in the event that the Customer is a non-Consumer subject, pursuant to current legislation, and who therefore acted, in the conclusion of the Contract, as a Professional / Company in the exercise of his entrepreneurial, commercial, artisanal or professional activity.

If the Customer is a Consumer, the right of withdrawal is however excluded, pursuant to art. 59 paragraph 1 letter. d), e) and g) of Legislative Decree 6 September 2005 ("Consumer Code"), relating to:

  • assets that risk deteriorating or expiring rapidly;

  • sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;

  • supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on fluctuations on the market that cannot be controlled by the Owner.

With reference to the cases of exclusion of the right of withdrawal mentioned above, the User is informed and accepts that the Products that "risk deteriorating or expire rapidly" include:

  • Perishable food products as defined by art. 62 DL. 1/2012, that is:

-prepackaged agricultural, fish and food products that have an expiry date or a minimum shelf life of no more than sixty days;

-bulk agricultural, fish and food products, including herbs and aromatic plants, even if placed in protective wrapping or refrigerated, not subjected to treatments aimed at prolonging their durability for a period exceeding sixty days;

-meat products with the following physicochemical characteristics:

  1. aW greater than 0.95 and pH greater than 5.2, or aW greater than 0.91, or a pH greater than or equal to 4.5;

  2. all types of milk;

  • all those agricultural and food products whose characteristics and qualities are subject to alteration, even as a result of inappropriate storage.

Therefore, for reasons of hygiene and user protection, the right of withdrawal can only be exercised for those Products purchased on the Site that can be returned to the Quadrifoglio intact in their respective seal and put back on the market without endangering the health of consumers.

Furthermore, the right of withdrawal expires earlier if Il Quadrifoglio, at the express request of the consumer Buyer, has begun the execution of the Contract with acceptance of the loss of this right.

Pursuant to Article 47, paragraph 2, of the Consumer Code, the provisions relating to the right of withdrawal do not apply to contracts negotiated away from business premises, which state that the Consumer Purchaser must pay less than 50 euros to the Owner (the so-called small-scale contracts).

Otherwise, for all other products that fall aside the above descriptions, by virtue of the right of withdrawal recognized by art. 52 and ss. of the Consumer Code, the Customer, in the event that he acts as a Consumer, according to the definition provided by Article 3, paragraph 1, letter a) of the Consumer Code, has the right to withdraw from the Contract, without indicating the reasons, within 14 days from the actual receipt of the goods covered by the Order completed on the Site: the useful period for exercising the right of withdrawal ends, therefore, after 14 days "(...) from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the goods" (Article 52, paragraph 2, letter b) of the Consumer Code). In order to usefully exercise the right of withdrawal, the Consumer is required, within the aforementioned term, to inform Il Quadrifoglio of his decision to withdraw from the Contract, by means of a written communication to be sent by registered letter with return receipt, or by e-mail, or by using the standard letter or on-line form such as the one referred to in Annex I, part B - Art. 54 of Legislative Decree 206/2005 (Consumer Code) mod. Legislative Decree 21/2014 -, at the following addresses:

Il Quadrifoglio di Mollo Maria Teresa, Via Piana del Salto, 66, Calosso 14052 (AT) - Italy

email: info@il-quadrifogliostore.it

To meet the withdrawal deadline, it is sufficient that the communication relating to the exercise of the right of withdrawal is sent by the Consumer to one of the aforementioned addresses before the withdrawal period expires.

As for the effects of exercising the right of withdrawal, if the Consumer effectively withdraws from the Contract, Il Quadrifoglio will refund all payments that the Consumer has made up to that date, including delivery costs, without undue delay and in any case no later than 14 days from the day on which Il Quadrifoglio is informed of the Consumer's decision to withdraw from the contract. These refunds will be made using the same payment method used for the initial transaction, unless expressly agreed otherwise; in any case, Il Quadrifoglio will not have to bear any costs as a consequence of this refund.

The Consumer must send the goods or in any case actually deliver them to Il Quadrifoglio without undue delay, and in any case within 14 days from the day on which he has effectively exercised his right to withdraw from the contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period, as specified above. The costs of returning the Products are borne by the Consumer Purchaser (Article 57, paragraph 1, of the Consumer Code).

Pursuant to art. 56, paragraph 3, of the Consumer Code, Il Quadrifoglio has the right to withhold the refund of payments, until it has received the Products or until the Consumer has demonstrated that he has returned the Products, depending on which situation occurs first.

Pursuant to art. 57, "The consumer is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than the one necessary to establish the nature, characteristics and functioning of the goods".

Art. 15 Causes of termination

The obligations referred to in Art. 4 and Art. 13, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means chosen at the time of the order, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.

Art. 16 Protection of personal data

Il Quadrifoglio fully respects the rules laid down in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 concerning the protection of individuals with regard to the processing of personal data, as well as the free circulation of such data and which repeals the Directive 95/46 / EC (General Data Protection Regulation - "GDPR"), and by Legislative Decree 196/2003, as amended by Legislative Decree 101/2018, as well as all the provisions on the subject from legal sources and control authorities, Italian and European.

In particular, the personal data that are requested from the User during registration and creation of the personal account, are necessary for the Order to be taken over and for the Contract to be perfected, and will be processed in the manner and purposes all better specified and envisaged on the dedicated page of this Site, of which please read the Privacy Policy on the site itself.

Art. 17 Communications and complaints

Written communications directed to the Supplier and any complaints will be considered valid only if sent to the following address: Il Quadrifoglio di Mollo Maria Teresa, Via Piana del Salto, 66, Calosso 14052 (AT) - Italy or sent by e-mail to the following address @ il-quadrifogliostore.it

The Purchaser is required to indicate in the communication his residence or domicile, the telephone number or e-mail address to which he wishes to receive the Seller's communications.

Art. 18 Applicable law, jurisdiction and competent court

These Conditions of Sale are subject to Italian law and jurisdiction.

For all Orders from subjects not qualifying as "Consumers" - for which the competent court will be that based on the elected domicile of the Consumer - all disputes relating to the interpretation and / or execution of this Agreement will be of exclusive competence of the Court of Asti.

Consumers residing in the European Union must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts of sale of goods and services stipulated on the net. Consequently, the Consumer will be able to use this platform for the resolution of any dispute arising from the Contract signed with Il Quadrifoglio. The ODR platform is available at the following address: http://ec.europa.eu/consumers/odr/

The Consumer Buyer may in any case decide to appeal to the competent ordinary judge for the dispute arising from these General Conditions of Sale, whatever will be the outcome of the out-of-court settlement procedure of disputes relating to consumer relations by resorting to the procedures referred to in Part V, Title II-bis of the Consumer Code.

The Purchaser who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small disputes entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, € 2,000.00. For more information, visit www.eur-lex.europa.eu

Art. 19 Final clause

This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the parties and concerning the subject of this contract.